IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.12892 of 2006
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ORIENTAL INSURANCE COMPANY MUZ – Petitioner/s(s)
Versus
THE STATE OF BIHAR & ORS – Respondent/s(s)
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Appearance :
For the Petitioner/s: Mr. ASHOK PRIYADARSHI
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3 08.07.2011 Petitioner challenges the judgment / award
on the sole ground that the Lok Adalat does have any
jurisdiction to pass such judgment / order or award
with regards to the claims as they have to be decided
by the Motor Vehicles Claims Tribunal which is
statutory authority under the Motor Vehicles Act.
Learned counsel has placed reliance upon a decision
rendered by the Apex Court in State of Punjab vs.
Phulan Rani : 2004 AIR SCW 4527 as well as one
unreported judgment of this Court dated 19.7.2010
passed in C.W.J.C. No. 9222 of 2009 (The Divisional
Manager National Insurance Co. Ltd. Gaya & Ors.
Vs. The State of Bihar & Ors.).
Issue notice to the respondent nos. 3 to 5 under
2
ordinary process as well as registered cover with A/D for
which requisites etc. must be filed within two weeks,
failing which this application shall stand rejected against
them without further reference to a Bench.
Spd/- ( Dr. Ravi Ranjan, J.)